630. Adulteration of tomato catsup and adulteration and misbranding of tomato
sauce. U. S. v. 396 Cases of Tomato Catsup and 199 Cases of Tomato 
Sauce. Default decrees of condemnation and destruction. (F. D. C Nos. 
1683, 1790.    Sample Nos. 72963-D, 12409-E.) 
Both products contained excessive mold, indicating the presence of decom- 
posed material; in addition, the tomato catsup contained worm and insect 
fragments and a portion of the tomato sauce was short weight.
On or about April 2 and 10, 1940, the United States attorneys for the 
Southern District of Georgia and the District of Maryland filed libels against 
396 cases of tomato catsup at Savannah, Ga., and 199 cases of tomato sauce 
at Baltimore, Md., alleging that the articles had been shipped in interstate 
commerce on or about March 5, 1940, by the Howard Terminal from Oakland, 
Calif.; and charging that they were adulterated and that one lot of the tomato 
sauce was misbranded. The articles were labeled in part variously: "MS C 
* * * Tomato Catsup * * * Packed for Recorg Supply Corporation 
Chicago, Illinois"; "Royal Clover Brand * * * Tomato Sauce Contents 
8 oz. Avoir * * * Distributed by B. H. Rudo & Brother, Baltimore, Md."; 
"Royal Clover Brand * * * Tomato Sauce Contents 7% oz Avoir * * * 
Distributed by Royal Clover Distributing Co. Baltimore, Md."
Adulteration was alleged with respect to the tomato catsup in that it con- 
sisted in whole or in part of a filthy and decomposed substance; and with 
respect to the tomato sauce in that it consisted in whole or in part of a decom- 
posed substance.
One lot of the tomato sauce was alleged to be misbranded in that the state- 
ment "Contents 8 oz. Avoir." was false and misleading since it was incorrect; 
and in that it was in package form and did not bear an accurate statement 
? of the quantity of contents.
On April 22 and May 3, 1940, no claimant having appeared, judgments of 
condemnation were entered and the products were ordered destroyed.